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15-20A-35
Section 15-20A-35 Youthful offender treated as juvenile or adult. For the purposes of this
chapter, a youthful offender sex offender who has not been previously adjudicated or convicted
of a sex offense and who has not yet attained the age of 18 at the time of the offense shall
be considered a juvenile sex offender. A youthful offender sex offender who has been previously
adjudicated or convicted of a sex offense as a juvenile sex offender, youthful offender sex
offender, or adult sex offender, or who has attained the age of 18 at the time of the offense
shall be treated as an adult sex offender convicted of a sex offense. A youthful offender
sex offender who is treated as a juvenile sex offender for purposes of this chapter may not
be released from the jurisdiction of the sentencing court until the youthful offender sex
offender has undergone sex offender treatment and a risk assessment as required by Section
15-20A-26. (Act 2011-640, p. 1569, §35; Act 2015-463, §1.)...
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15-20A-46
Section 15-20A-46 Disposition of funds. (a) The two hundred dollar ($200) filing fee paid by
a sex offender who petitions the court for relief pursuant to Sections 15-20A-16, 15-20A-23,
15-20A-24, 15-20A-25, or 15-20A-34 shall be distributed as follows: (1) Fifty dollars ($50)
to the Circuit Clerk's Restitution Recovery Fund. (2) Fifty dollars ($50) to the sheriff of
the county subject to the following: a. Any and all monies collected under this subdivision
shall be deposited in the county general fund earmarked for use by the sheriff and shall be
paid to the sheriff upon request by the sheriff to be used at the discretion of the sheriff
for any law enforcement purpose related to sex offender registration, notification, tracking,
or apprehension. b. The monies provided in this subdivision and the use of the funds shall
in no way diminish or take the place of any other reimbursement or other source of income
established for the sheriff or the operation of his or her office. (3) Fifty...
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12-15-219
Section 12-15-219 Serious juvenile offenders; disposition; serious juvenile offender review
panel; facility and programs. (a) The juvenile court may find a child to be a serious juvenile
offender if: (1) The child is adjudicated delinquent and the delinquent act or acts charged
in the petition would constitute any of the following if committed by an adult: a. A Class
A felony. b. A felony resulting in serious physical injury as defined in subdivision (14)
of Section 13A-1-2. c. A felony involving deadly physical force as defined in subdivision
(6) of Section 13A-1-2; or a deadly weapon as defined in subdivision (7) of Section 13A-1-2;
or a dangerous instrument as defined in subdivision (5) of Section 13A-1-2. (2) The child
has been adjudicated delinquent for an act which would constitute a Class A or B felony or
burglary in the third degree involving a residence and the child has previously been adjudicated
delinquent of two previous acts which would have been a Class A or B felony or...
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12-15-133
Section 12-15-133 Filing and inspection of records. (a) The following records, reports, and
information acquired or generated in juvenile courts concerning children shall be confidential
and shall not be released to any person, department, agency, or entity, except as provided
elsewhere in this section: (1) Juvenile legal files (including formal documents as petitions,
notices, motions, legal memoranda, orders, and decrees). (2) Social records, including but
not limited to: a. Records of juvenile probation officers. b. Records of the Department of
Human Resources. c. Records of the Department of Youth Services. d. Medical records. e. Psychiatric
or psychological records. f. Reports of preliminary inquiries and predisposition studies.
g. Supervision records. h. Birth certificates. i. Individualized service plans. j. Education
records, including, but not limited to, individualized education plans. k. Detention records.
l. Demographic information that identifies a child or the family of a...
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15-20A-43
Section 15-20A-43 Registration and notification requirements mandatory. (a) Except as provided
in Sections 15-20A-5, 15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former
15-20-21(4)(a), the requirements of this chapter are mandatory and shall not be altered, amended,
waived, or suspended by any court. Any court order altering, amending, waiving, or suspending
sex offender registration and notification requirements, except as provided in Sections 15-20A-5,
15-20A-16, 15-20A-23, 15-20A-24, 15-20A-25, 15-20A-34 or the former 15-20-21(4)(a), shall
be null, void, and of no effect. (b) The Board of Pardons and Paroles shall not grant relief
from any provisions of this chapter to any sex offender unless all three of the following
conditions are met: (1) At the time of the commission of the sex offense, the sex offender
was less than five years older than the victim. (2) At the time of the commission of the sex
offense, the victim was 13 years of age or older. (3) The sex...
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26-21-4
Section 26-21-4 Procedure for waiver of consent requirement - Notice to parents or guardian
prohibited; participation in proceedings; right to counsel; assistance in preparing petition;
confidentiality; contents of petition; precedence of proceeding; rules of procedure; waiver
of consent; guardian ad litem for interests of unborn child; findings and conclusions; appeal;
no fees or costs; related criminal charges. (a) A minor who elects not to seek or does not
or cannot for any reason, obtain consent from either of her parents or legal guardian, may
petition, on her own behalf, the juvenile court, or the court of equal standing, in the county
in which the minor resides or in the county in which the abortion is to be performed for a
waiver of the consent requirement of this chapter. Notice by the court to the minor's parents,
parent, or legal guardian shall not be required or permitted. The requirements and procedures
under this chapter shall apply and are available only to minors who...
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12-26-1
Section 12-26-1 Definitions. As used in this chapter, the following terms have the following
meanings: (1) COLLATERAL CONSEQUENCE. A consequence, penalty, or other result automatically
imposed by operation of state law or rule that limits or prohibits an individual convicted
of a crime from obtaining occupational licensing, certification, or other evidence of qualification
necessary to engage in a particular occupation. The term does not include imprisonment, probation,
parole, supervised release, forfeiture, restitution, fines, assessments, other costs of court,
or responsibilities imposed under the Alabama Sex Offender Registration and Community Notification
Act. (2) CUSTODIAL SENTENCE. A criminal sentence or portion of a sentence during which an
individual convicted of a crime serves time in the jurisdictional custody of the state, including,
but not limited to, a prison term, jail term, or community corrections sentence. (3) ORDER
OF THE LIMITED RELIEF or ORDER. An order concerning...
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12-15-107
Section 12-15-107 Juvenile probation officers - Duties of juvenile probation officers generally;
powers of juvenile probation officers as to taking into custody and placing in shelter or
detention care of children generally; procedure upon taking into custody of child by juvenile
probation officer generally. (a) For the purpose of carrying out the objectives and purposes
of this chapter and subject to the limitations of this chapter or imposed by the juvenile
court, a juvenile probation officer shall perform the following duties: (1) Make investigations,
reports, and recommendations to the juvenile court. (2) Serve as a juvenile court intake officer
when designated by the juvenile court judge. (3) Supervise and assist a child placed on probation
or aftercare by order of the juvenile court or other authority of law until the terms of probation
or aftercare expire or are otherwise terminated. (4) Make appropriate referrals to other private
or public departments or agencies of the...
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15-20A-2
Section 15-20A-2 Legislative findings. The Legislature makes all of the following findings:
(1) Registration and notification laws are a vital concern as the number of sex offenders
continues to rise. The increasing numbers coupled with the danger of recidivism place society
at risk. Registration and notification laws strive to reduce these dangers by increasing public
safety and mandating the release of certain information to the public. This release of information
creates better awareness and informs the public of the presence of sex offenders in the community,
thereby enabling the public to take action to protect themselves. Registration and notification
laws aid in public awareness and not only protect the community but serve to deter sex offenders
from future crimes through frequent in-person registration. Frequent in-person registration
maintains constant contact between sex offenders and law enforcement, providing law enforcement
with priceless tools to aid them in their...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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